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| Bradbury v. Chugach Elec. Ass'n, Supreme Court No. S-10532,
SUPREME COURT OF ALASKA, June 20, 2003, Decided
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Overview: Because employer produced substantial evidence that wife's death was not work-related and because husband failed to prove his claim by a preponderance of the evidence, husband's claim for workers' compensation death benefits was properly denied.
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| Carr-Gottstein Props. v. Benedict, Supreme Court No. S-10579, No. 5704,
SUPREME COURT OF ALASKA, June 20, 2003, Decided
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Overview: Flat-rate, per diem liquidated damages could be charged against a lot owner for construction delays that violated subdivision covenant regulations; actual damages would be difficult to ascertain or reasonably forecast in event of a breach.
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| Cole v. State, Court of Appeals No. A-8169, No. 1883,
COURT OF APPEALS OF ALASKA, June 20, 2003, Decided
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Overview: Defendant was not entitled to post-conviction relief where his lawyer's tactical choice to not present expert testimony regarding the victim's cause of death was reasonable and because she was not required to advise him about parole release.
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| Conservatorship Estate of K.H. v. Cont'l Ins. Co., Supreme Court Nos. S-9949/9959,
SUPREME COURT OF ALASKA, June 20, 2003, Decided
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Overview: Where one conservator relied on a court visitor report as its final report and another conservator failed to answer questions about its accounting, the six-month limitations period for the incompetent's breach of trust action was not triggered.
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| Dandova v. State, Court of Appeals No. A-7814, No. 1884,
COURT OF APPEALS OF ALASKA, June 20, 2003, Decided
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Overview: In presenting a heat of passion defense to charge of attempted murder of child's father, mother could not establish "serious provocation" by relying on cumulative effect of acts and events that, as a matter of law, did not qualify as provocation.
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| Duffus v. Duffus, Supreme Court No. S-10206,
SUPREME COURT OF ALASKA, June 20, 2003, Decided
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Overview: Mother's failure to object to a special master's recommendation as to the amount of the father's retroactive child support obligation resulted in her failure to preserve the issue for review on appeal.
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| Kodiak Island Borough v. Mahoney, Supreme Court No. S-10606,
SUPREME COURT OF ALASKA, June 20, 2003, Decided
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Overview: A borough clerk improperly refused to certify a resident's application for an initiative petition, as the constitutionality of the proposed ordinance had not yet been addressed, so the initiative was not clearly unenforceable as a matter of law.
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| Magee v. State, Court of Appeals No. A-08184,
COURT OF APPEALS OF ALASKA, June 20, 2003, Decided
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Overview: The appellate court denied the State's petition for rehearing where it failed to earlier argue that defendant was injecting an unpreserved issue on appeal, and the State recognized and briefed the issue raised by defendant sufficiently.
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| Forshee v. State, Court of Appeals No. A-8368, No. 4727,
COURT OF APPEALS OF ALASKA, June 25, 2003, Decided
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Overview: Trial court properly considered that defendant's conduct in committing robberies was among the least serious forms of first-degree robbery, but weighed against the aggravating factors, 15 year composite sentence was not clearly mistaken.
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| State v. Dupier, Court of Appeals Nos. A-8270/8271/8272,
COURT OF APPEALS OF ALASKA, June 27, 2003, Decided
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Overview: Because the State never issued eligibility standards for landing permits or authorized its fish management agency to issue such permits, the fishermen could not be prosecuted for failing to obtain them.
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